BILL NUMBER: SB 2133	CHAPTERED  09/01/00

	CHAPTER   289
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	PASSED THE SENATE   MAY 31, 2000
	AMENDED IN SENATE   MAY 18, 2000
	AMENDED IN SENATE   MAY 1, 2000

INTRODUCED BY   Senator Polanco

                        FEBRUARY 25, 2000

   An act to amend Section 148.6 of the Penal Code, relating to law
enforcement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2133, Polanco.  Law enforcement:  complaints of misconduct.
   (1) Existing law provides that every person who files any
allegation of misconduct against any peace officer, as defined,
knowing the allegation to be false, is guilty of a misdemeanor, and
requires any law enforcement agency accepting an allegation of
misconduct against a peace officer to require the complainant to read
and sign a specified advisory.
   This bill would require this advisory to be available in multiple
languages.  By increasing duties imposed on local law enforcement
agencies, this bill would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 148.6 of the Penal Code is amended to read:
   148.6.  (a) (1) Every person who files any allegation of
misconduct against any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, knowing the
allegation to be false, is guilty of a misdemeanor.
   (2) Any law enforcement agency accepting an allegation of
misconduct against a peace officer shall require the complainant to
read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR
ANY IMPROPER POLICE CONDUCT.  CALIFORNIA LAW REQUIRES THIS AGENCY TO
HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS.  YOU HAVE A
RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE.  THIS AGENCY MAY
FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT
ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE
RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE
AN OFFICER BEHAVED IMPROPERLY.  CITIZEN COMPLAINTS AND ANY REPORTS OR
FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR
AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE.
IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE,
YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.



  I have read and understood the above statement.

  ______________________________________________
  Complainant

   (3) The advisory shall be available in multiple languages.
   (b) Every person who files a civil claim against a peace officer
or a lien against his or her property, knowing the claim or lien to
be false and with the intent to harass or dissuade the officer from
carrying out his or her official duties, is guilty of a misdemeanor.
This section applies only to claims pertaining to actions that arise
in the course and scope of the peace officer's duties.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
